On March 3, 2016, the former Indian Navy officer Kulbhushan Jadhav was arrested reportedly from Baluchistan after he entered from Iran. Few days later Pakistan released a video of Jadhav purportedly confessing of the Indian Spy. According to Pakistani law Jadhav was found guilty of Espionage under section 59 of Pakistan Army Act, 1952 and section 3 of Official Secrets Act of 1923. On March 26, 2016 the Indian Government claimed there was no proof that Jadhav who owns business in Iran was arrested in Baluchistan. On April 10, 2017, Pakistani Army court sentenced Jadhav to death for his involvement in Espionage.
CURRENT STATUS OF THE CASE:
ICJ had put stay on the order of Pakistan Military Court. There were many appeals by India regarding Consular Access to Jadhav. Two weeks ago, the International Court of Justice ordered Pakistan to grant Consular Access to Indian National Kulbhushan Jadhav.
Finally, on Friday Islamabad announced that they are ready to comply ICJ order.
India has once again reminded Pakistan that Consular Access that is intended to provide Jadhav should be done in an environment that is free from the fear of intimidation.
The term Consular Access refers to a basic right of anyone who is arrested or detained in Foreign Country. It implies that the Embassy or Consulates of that person's country of origin is notified of the arrest. Consulate Officials can then check up the arrested person and provide them the necessary assistance.
India is demanding Consular Access to Jadhav on the basis of Article 36 of Vienna Convention which says"Foreign Nationals arrested should be given notice of their right to notify their Embassy."
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